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When will a court permit a child custody relocation?

After a divorce, there may come a time when you or the other party have to move for work or other reasons. If you have children, this can be a big concern, because you will need to determine who your child will stay with. Will they move to the new location with the parent who is moving, or will they stay in their current location with the parent who is staying behind?

If this has to go to the court, there are a few reasons that a judge would allow a child to relocate with the parent who is moving. Remember, though, that the judge will always be looking into what is in the best interests of your child.

What does the court consider before allowing a custody relocation?

To begin with, the court will want to know why the parent is relocating. Are they moving because they want to go somewhere new? Are they moving close to family or for a new, better-paying job? The reasoning here matters, because a judge is much more likely to permit a child to move if the parent is making a move to make their child’s life more comfortable in some way.

Another thing the court will look at is if the move is beneficial to the child as they grow. Will they be closer to family, go to a better school, live in a better financial situation or be removed from a negative situation, such as if they are currently being bullied at school?

It’s also possible that the judge may ask to speak with your child if they are old enough to make a decision about moving. For example, if your child is a teen and would like to move to go to a different high school or to be closer to a potential college, then that may be a good reason to allow for the relocation.

Relocation isn’t always in a child’s best interests, but if you can show that moving will be beneficial for your child, then there is a better chance that you’ll get approval to do so.

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